Chicago vows to fight concealed carry ruling

December 13th, 2012

FILE – In this March 7, 2012 file photo, gun owners and supporters participate in an Illinois Gun Owners Lobby Day rally at the Illinois State Capitol in Springfield. In a big victory for gun rights advocates, a federal appeals court on Tuesday, Dec. 11, 2012, struck down a ban on carrying concealed weapons in Illinois _ the only remaining state where carrying concealed weapons is entirely illegal. (AP Photo/Seth Perlman, File)

FILE – In this March 7, 2012 file photo, gun owners and supporters participate in an Illinois Gun Owners Lobby Day rally at the Illinois State Capitol in Springfield. In a big victory for gun rights advocates, a federal appeals court on Tuesday, Dec. 11, 2012, struck down a ban on carrying concealed weapons in Illinois _ the only remaining state where carrying concealed weapons is entirely illegal. (AP Photo/Seth Perlman, File)

FILE – In this March 7, 2012 file photo, gun owners and supporters participate in an Illinois Gun Owners Lobby Day rally at the Illinois State Capitol in Springfield. In a big victory for gun rights advocates, a federal appeals court on Tuesday, Dec. 11, 2012, struck down a ban on carrying concealed weapons in Illinois _ the only remaining state where carrying concealed weapons is entirely illegal. (AP Photo/Seth Perlman, File)

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CHICAGO (AP) â€” With parts of the city in the grip of gang warfare and spiking homicide rates, Chicago aldermen are urging state officials to appeal an appellate court’s decision that tossed Illinois’ ban on concealed weapons, with some suggesting they might launch their own legal battle.

Outside a City Council meeting Wednesday, one alderman after another said they are so concerned lifting the ban could lead to more gun violence that they would be willing to write a new city ordinance even if it is likely to trigger a lengthy and expensive legal fight.

“I believe that the city would be well within its rights to prohibit that (concealed weapons) within its borders, and then we’ll take that up to the Supreme Court,” said Alderman Joe Moore.

Several alderman pointed to how quickly they crafted one of the strictest handgun ordinances in the nation after a U.S. Supreme Court ruling in 2010 nullified Chicago’s 28-year-old handgun ban, saying they must do something to stop what they worry would be even more bloodshed on the city’s streets.

“People’s safety is at risk,” said Alderman Anthony Beale.

One reason the city might want to craft its own ordinance, they said, is that Chicago’s gang problem is unique in Illinois. Nowhere else in the state, they argue, is there such open gang warfare as in Chicago, where the fighting is so intense that the Police Department now shows up in force at gang member’s funerals to prevent violence like a recent gang-related shooting outside a church that left one man dead.

At one point last spring, the city’s murder rate was up about 60 percent over last year, mostly due to gang feuds in some of the city’s toughest neighborhoods. More recently, murders were up around 25 percent and the city and Police Department have launched a number of initiatives to bring the violence under control, including basing more officers in problem areas and tearing down vacant buildings that have become gang hangouts.

Guns already are too plentiful on some neighborhoods’ streets. But Alderman Roberto Maldonado said that while any concealed carry law would not allow gang members with criminal backgrounds to carry guns, the gang members could prey on law abiding citizens and steal their guns.

Or, he said, they would have greater access to guns than ever before because their own friends and relatives who do not have criminal records will be able to carry concealed weapons.

“This will just exacerbate the big problems that we already have,” he said.

Gun rights advocates, who maintain that concealed carry laws allow ordinary citizens to protect themselves better, agree with one thing Moore and others say: The appellate court ruling didn’t end the fight over guns in Chicago.

“Even if the (ruling) makes it illegal for Chicago to write any ordinance and made it so if they did try to force one through, they’d be setting themselves up for lawsuits … and on the hook for damages, I (still) expect them to do something,” said David Lawson, a plaintiff in the Chicago handgun case that went to the Supreme Court. “You can’t put anything past them.”

For his part, Mayor Rahm Emanuel angrily denounced Tuesday’s ruling by the 7th U.S. Circuit Court of Appeals as a decision by judges who are out of touch with the dangers many residents face.

He talked about a “strange sense of values” that could lead to the concealed carry ruling the same day Cook County’s chief judge announced the public will no longer be allowed to carry cellphones into criminal courthouses.

“Cellphones will now be banned in court, but guns? Open up the floodgates, let them in,” he said.

Emanuel stopped short of recommending whether Attorney General Lisa Madigan should file an appeal with the U.S. Supreme Court, something Madigan’s office said she is considering. He did, however, say he already offered Madigan the services of city attorneys â€” who have as much experience crafting and defending gun control legislation as anyone in the nation â€” as well as Police Superintendent Garry McCarthy and his staff.

At the same time, he promised that in the 180 days that the appellate court gave Illinois lawmakers to pass a concealed carry bill, he would be a “strong advocate … for sensible gun laws to make sure we can protect people, the kids, the residents of the city of Chicago from both guns and gangs.”

The debate over a state concealed law might begin as soon as January, when state lawmakers return to Springfield. Gun rights advocates have promised to be tough in negotiations over a new bill, saying that the appellate court’s decision has put them in a much stronger position. Gone, they say, is a need to compromise as there was when they tried unsuccessfully to push through a concealed carry bill last year.

One thing in Chicago’s favor is that Illinois is one of only six states that have what is called “home rule,” which allows for local jurisdictions to write their own gun laws.

In all of those other states, including California and Connecticut, the law gives local law enforcement officials discretion in issuing permits and requiring applicants to demonstrate good cause for carrying, according to Brian Malte of the Brady Campaign to Prevent Gun Violence.

“I know if we do have that ability there will be several, if not the vast majority of the aldermen, who would want to put their arms around that,” Moore said.

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